Terms of Service

EJ2 Communications, Inc. d/b/a Flashpoint (“Flashpoint,” “we,” “us,” or “our”) welcome you to our website (the “Website”).

These Terms of Service, which may be updated by us from time to time without notice to you, govern your access to and use of the Website. By browsing the public areas, accessing, or using the Website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Service and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST NOT USE THE WEBSITE. Access to and usage of our proprietary software products are governed by the applicable, separate written (or electronically accepted) software license or subscription agreement.

Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy.

1. USER ELIGIBILITY and COMMUNITY GUIDELINES

By using the Website, you represent and warrant that you are at least eighteen (18) years old and are otherwise capable of forming a binding contract. If you are accessing the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement.

Flashpoint’s community functions best when its users follow a few simple rules. By accessing and/or using the Website, you hereby agree to comply with these community rules and represent and warrant that you:

• Will not use the Website for any unlawful, illegal, fraudulent, or harmful purpose;
• Will not access or use the Website to collect any competitive market research or for the purpose of developing or offering a product or service competitive with Flashpoint;
• Will not upload, transmit, disclose, or otherwise process any sensitive personal information belonging to its employees, its customers, or any third party as well as any data which may be subject to specific laws or regulation while accessing or using the Website;
• Will not upload, post, email, or otherwise transmit any material for which it does not possess the necessary and unrestricted right to transmit;
• Will not use automated means, including spiders, robots, scrapers, crawlers, data mining tools, or the like to download or extract data from the Website, except for legitimate, non-competitive public Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
• Will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine;
• Will not access or use the Website to attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means; and
• Will not cover, obscure, block, or in any way interfere with any advertisements or safety features (e.g., report abuse button) on the Website.

2. INTELLECTUAL PROPERTY

The Website contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Flashpoint (collectively, the “Content”). The Content may be owned by us or by third parties and may be protected under the United States and foreign copyright, trademark, and other laws. Unauthorized use of the Content may violate such laws.

You have no rights in or to the Content, and you will not use, copy or re/transmit the Content except as permitted under this Agreement. We grant you a limited, non-transferable, non-sublicensable, revocable right to access and view the Content solely for your internal, non-commercial purposes. No other use is permitted without our prior, explicit, written consent.

You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, create derivative works of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
The trademarks, service marks, and logos of Flashpoint (“Flashpoint Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Flashpoint. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Flashpoint Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, explicitly or by implication, estoppel, or otherwise, any license or right to use the Trademarks without our prior written permission specific to each such use. All goodwill generated from the use of Flashpoint Trademarks inures solely to our benefit.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Flashpoint (“Flashpoint Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Flashpoint.

3. COMMUNICATIONS TO US

Although we encourage you to e-mail us, DO NOT e-mail us any content that contains confidential or proprietary information. With respect to all e-mails, feedback, suggestions, comments, and the like that you send to us (collectively, the “Submissions”), you hereby acknowledge and agree that:

• Such Submissions are not confidential and are offered without any expectation of compensation or confidentiality;
• Flashpoint shall be free to use any feedback, suggestions, comments, ideas, concepts, know-how, or techniques contained in your Submissions for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you; and
• You hereby grant Flashpoint a worldwide, perpetual, irrevocable, royalty-free, fully paid, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions in any form, media, or technology.

4. NO WARRANTIES/LIMITATION OF LIABILITY

THE CONTENT AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTENT OR THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE.

YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITE AT YOUR OWN RISK.

IN NO EVENT SHALL FLASHPOINT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE CONTENT OR THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100) OR THE MINIMUM AMOUNT PERMITTED BY LAW.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITE DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

5. EXTERNAL SITES

The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. If you have concerns about any External Site, including but not limited to the content of any External Site, please contact that site’s administrator directly. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold Flashpoint and its officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Content or the Website, including but not limited to any violations of Section 1, User Eligibility and Community Guidelines; (iii) your violation of any applicable laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (iv) your violation of any third-party right, including without limitation, any intellectual property rights or privacy rights; or (v) your willful misconduct. We shall provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate, at your expense, fully with our defense of any such matter.

7. COPYRIGHT POLICY (DMCA)

If you believe that any Content on the Website infringes upon your copyright, please notify us immediately by sending a notice to our designated Copyright Agent (identified below). Your notice must comply with the requirements of the Digital Millennium Copyright Act (DMCA).

Designated Copyright Contact Information:

• Name: Legal Department
• Address: 6218 Georgia Avenue NW, Suite 1, PMB 3032, Washington, D.C. 20011
• Email: [email protected]

8. COMPLIANCE WITH APPLICABLE LAWS

The Website and its servers are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction

9. ARTIFICIAL INTELLIGENCE

Flashpoint may integrate Artificial Intelligence (“AI”), including machine learning (“ML”), large language models (LLMs) and natural language processing (“NLP”), into the functionality of its products and website. This integration may include generative AI tools such as chatbot(s) designed to provide information and assistance via text-based dialogue.

Any interactions with Flashpoint, including communications through emails, electronic means, and directly with our generative AI tools (such as the website chatbot), may be recorded and stored. Information and data individuals submit to Flashpoint (including data exchanged through AI tools) may be recorded and stored by Flashpoint.

Information and data individuals submit to Flashpoint (including data exchanged through AI tools) may be used by Flashpoint for business purposes, including, without limitation:

• Sales, marketing, quality assurance.
• Product improvement and training of our underlying AI models.
• Debugging and troubleshooting.

Any data shared with Flashpoint, including information exchanged during interaction with AI applications, may be shared with other applications and our authorized service providers who assist in providing Flashpoint’s services. All data will be retained by Flashpoint in line with its internal policies and the governing Privacy Policy.

Content generated by AI and displayed on the website is based on predictive models and may not always be accurate, complete, or reliable. AI-generated content and outputs are intended strictly for informational purposes only. AI content and outputs should not be considered a substitute for professional advice (including legal, financial, or expert advice), nor can it establish or constitute any binding legal agreement or warranty. Users bear the sole responsibility for verifying any information obtained from AI before relying upon it or acting on it.

Flashpoint does not guarantee the accuracy, completeness, or reliability of AI-generated content. Users must verify any information obtained from AI before acting upon it. Also, Flashpoint and its affiliates, along with its employees, directors, officers, agents, providers, and subsidiaries, shall not be liable for any direct, indirect, incidental, or consequential damages resulting from the use of AI in connection with our products and website.

Users take full and sole responsibility for their interactions with, and reliance on, AI across our products and website. You must not use, or attempt to use, AI for any unlawful, defamatory, discriminatory, or harmful purposes. Flashpoint reserves the right to immediately suspend or terminate access to our products and website for any user who misuses or violates these terms.
All underlying AI models, algorithms, technology, and proprietary systems that generate the content remain the exclusive property of Flashpoint.

Flashpoint’s Privacy Policy governs any personal information you submit through an AI tool, including our website chatbot. The use of AI via the products and website is governed by our Privacy Policy. By utilizing the Flashpoint website, you are consenting to the collection and use of your data as outlined in our Privacy Policy.

10. MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of law provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York, Borough of Manhattan; and (ii)that the Website shall be deemed a passive service that does not give rise to personal jurisdiction over Flashpoint, either specific or general, in jurisdictions other than New York.

You hereby waive your right to a jury trial in any dispute arising out of or relating to this Agreement. Furthermore, you agree that all claims must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to Us,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.